Democratic Voice of Burma

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• Report shows scepticism over Burma’s press freedom
• Henzada protestors say no more to Article 18
• Drug-laden truck crashes in Shan State
• Fresh fighting in northeast Burma raises concern among ceasefire groups
• Women urged to take part in peace process
• Gold miners push for Mining Law
• Cross-country march to protest Myitsone
• Poverty: a pressing human rights issue for the Chin

Report shows scepticism over Burma’s press freedom Posted: 12 Feb 2014 05:16 AM PST Burma's 'democratic spring' may be cooling down as progress towards media freedom stagnates, according to the 2014 World Press Freedom Index. Reporters Without Borders (RWB), a France-based press monitoring organisation, publishes the annual assessment, ranking 180 nations worldwide. While under military rule, Burma's ranking was consistently among the worst, but has risen steadily since the reform process began in 2011. Last year's Index anticipated that the country's consistent progress could set a good precedent for the entire region, which typically underperforms. The 2014 report, however, emphasises Burma's failure to live up to those expectations: the Asia chapter features an entire section on Burma, making particular note of legislative shortcomings. "The widespread euphoria generated by the successive amnesties of political prisoners in October 2011 and January 2012 has evaporated," it read, "With more freedom to speak out, civil society is complaining about the authorities." Without a proper legal framework to protect Burma's journalists, this has proven to be extremely problematic. Last week RWB issued a public statement chastising the Burmese government for the detention of journalists associated with Unity Weekly journal, who are facing charges of violating state secrecy laws after publishing a report alleging chemical weapons production in a military-owned factory in central Burma. Thiha Saw, editor in chief of Myanma Freedom Daily and member of Burma's interim press council, told DVB that the government was out of bounds in its response to the allegations. Such a case requires a neutral moderator, he said, to make sure that claims of false reporting are fairly attended. "We have asked the government and all parties to rely on the Press Council in these matters, because we are able to mediate these kinds of problems," he said, "but this time they skipped that step." It's not the first time, either. On 20 January, three Associated Press reporters were called into a state-owned publisher's office for a chat about responsible journalism, after state media had accused them of falsely reporting events in Arakan State's Duchira Dan [Du Char Yar Tan] village. Related Stories Burma busy arresting journalists, not ratifying CW treaty Burmese media groups condemn Unity Weekly arrests Media Bill stuck in Parliament The original report, which details alleged atrocities committed against Rohingya Muslims in Burma's troubled western state, was the first account of the incident to hit international media. The government's persistent denial of both the events and access to the area has prompted a series of requests from foreign bodies to allow an independent investigation. Benjamin Ismail, head of RWB's Asia-Pacific Desk, told DVB on Wednesday that the initial outbreak of communal violence in June 2012 delivered a "brutal" and "unfortunate" lesson about conditions for foreign journalists in the once-closed country. "The problem remains for foreign press," said Ismail, "not all conditions are there for foreign press to enter and operate," adding that the right of media professionals to access sensitive areas and report on current events is still heavily restricted. Criticisms, however, pertain mostly to serious impediments for local media workers. As many seasoned Burmese journalists cautiously return from exile, Thiha Saw said that new media regulations, currently stuck in a parliamentary logjam, are crucial to needed advances. "We've shown a lot of improvement, but we have a long way to go, and it's really about this new legislation," he said. "On the government side, the legislation is really about the business of media, they want to maintain that." Thiha Saw was referring to two bills currently under review; the contentious government-drafted Printing and Publication Enterprise Bill, and a Media Bill drafted by the interim press council, a semi-independent committee established in 2012 to oversee media reform. "We're not happy about the MOI [Ministry of Information] version," he added, but said that the two bills are likely to pass within a few months. The Index makes the same admonition: "[t]he promise to draft media legislation that complies with international standards has not been kept. Without any consultation, the government submitted a draft media law to the lower house of the parliament (the Pyidaungsu Hluttaw) on 4 March that would impose clearly unacceptable restrictions on media freedom." Ismael explained that when the government first attempted to approve the legislation, "what started as a miscommunication was clearly, in fact, a move by authorities not to include the media," one that has led to a deep mistrust of the government by both the interim press council and the RSF. Last year Burma leapt up the ranks by 18 places, but progress slowed in 2013 as the country inched up from 151st to 145th of 180 nations monitored.

Henzada protestors say no more to Article 18 Posted: 12 Feb 2014 03:42 AM PST Residents in Irrawaddy Division's Henzada marched through the delta town on Tuesday demanding citizen rights, constitutional reforms and the abolishment of Article 18 of the Peaceful Assembly and Peaceful Procession Law. Article 18 states that a protestor needs government permission before they protest. "We see Article 18 as an oppressive law that denies citizens from practicing their rights," said protestorSein Thaung. "Every citizen has the right to express their opinion but the article, restricting this right, should be abolished." Around 100 protestors joined the march on Tuesday morning, carrying placards with their demands. The rally did get official permission from local police, under the Article 18 that they were protesting against. Related Stories Cross-country march to protest Myitsone NLD supporters in Mandalay rally for charter change Burmese media groups condemn Unity Weekly arrests Demonstrators marched to the Township General Administration Office, where leaders gave speeches on the constitution and citizen rights. "Without charter reforms we will never escape from poverty and this is why we are calling to amend the Constitution," said High Court lawyer, Htein Win. Any change to the Constitution requires approval from more than 75 percent of parliament.  The military, which hold 25 percent of seats in parliament, have the power to veto any bill that's presented. "Since the military controls 25% of the seats in the parliament they can hinder any effort to amend the charter," said protest organiser, Sein Thaung. "Therefore we cannot do anything without their approval." Last week a committee was formed to implement constitutional changes recommended by the Joint-Committee for Reviewing the Constitution (JCRC). According to a statement, the 31-member panel, led by the deputy speakers of the upper and lower houses, aims to reform the charter for contemporary relevance, unity and peace among ethnic nationalities, and to keep pace with democratic reforms in the country.

Drug-laden truck crashes in Shan State Posted: 12 Feb 2014 03:40 AM PST A truck carrying nearly 50,000 amphetamine pills worth an estimated street value of 93.6m kyat (US$93,000) crashed while attempting to run through a police roadblock in northern Shan State's Muse District on Monday. Police arrested the driver who is now facing narcotics charges. T-Khaung Luang, acting superintendent of Muse Police's Anti-Narcotic Task Force, said 32-year old Muse native failed to stop his pickup truck when he approached a police checkpoint along the road to Namhkan on 10 February. Police say the man sped off in an attempt to escape, but crashed into a hill following a high-speed chase. "The Muse Anti-Narcotic Task Force and local police officials stopped a vehicle at a checkpoint near to Lwe Sutaung Pagoda on the Muse-Namhkan road but the driver sped off, leading to a chase," said the officer. "The police attempted to stop him by blocking the road ahead with a motorbike, but he rammed it over. We set up another roadblock with a truck – he then went off the road while attempting to drive around it and crashed into a hill." A bag containing 46,800 amphetamine pills, known in Burma as "yaba", was found next to the driver's seat. The driver, unharmed in the crash, has been charged with trafficking under the Narcotics, Drugs and Psychotropic Substance Law. The officer said it was the sixth drug-related arrest in Muse District within the past week, and by far the largest bust. Related Stories Fresh fighting in northeast Burma raises concern among ceasefire groups Communal tensions running high in Sittwe Gunmen rob jewellers in Mogok, leaving one dead

Fresh fighting in northeast Burma raises concern among ceasefire groups Posted: 12 Feb 2014 03:16 AM PST The Kachin Independence Army (KIA) has reported clashes with government forces near their Laiza headquarters. A KIA official told DVB that a militia unit stationed at the abandoned village of Ja Ing Yang, two-hours from Laiza, engaged in fire-fight with Burmese Army units patrolling the area on 10 February. The official confirmed that there had been no casualties on either side. The news comes amidst further reports of clashes in Mansi Township, where the KIA's 3rd Brigade is active. The official expressed concerns that continued violence could impact peace-making efforts, as fighting resumed in the region while ceasefire talks remain underway. Meanwhile, the Ta’ang (Palaung) National Liberation Army (TNLA) has also reported clashes with the Burmese Army in neighbouring Shan State. The TNLA says that violent outbreaks occur almost daily. The TNLA's Information Officer Capt Aik Kyaw said the group has seen at least 16 offensives this year by Burmese government troops against its positions across Kyaukme district's Manton and Namhsan townships in northern Shan State. "There are five Burmese Army battalions active in the region and they have frequently clashed with our troops" Capt Aik Kyaw said. 16 major ethnic armed groups signed their agreement on a draft ceasefire framework at Karen National Union (KNU) headquarters in Lawkheela last month. Mutu Say Poe, KNU leader and deputy-chairman of the Union Nationalities Federal Council — the ethnic armed umbrella group responsible for the draft pact — warned that continued fighting may delay the long-awaited nationwide ceasefire. Related Stories Drug-laden truck crashes in Shan State Women urged to take part in peace process Cross-country march to protest Myitsone

Women urged to take part in peace process Posted: 12 Feb 2014 02:45 AM PST The Burmese government's chief peace negotiator, Aung Min, suggested that women's involvement in the ongoing peace process will be on the agenda during upcoming negotiations. The minister, who spoke to DVB at an art exhibition in Rangoon last Saturday, said future meetings with ethnic armed groups, geared towards achieving a nationwide ceasefire and long term political settlements, will devote some attention to the as yet near total absence of female voices in the historic discussions. Thailand-based Women's League of Burma (WLB), an umbrella group of 13 women's rights organisations, welcomed the minister's remarks. However, WLB asserted that women who take part in the peace process should be individuals who truly represent women in the country. "This is good news for us. However, we are concerned that there is a tendency for women to be invited to meetings just for the sake of their presence — only to sit at the table without participating," said Mi Sue Pwint, a WLB senior official. Related Stories Fresh fighting in northeast Burma raises concern among ceasefire groups Hpa-an peace talks postponed until March Burma’s emerging women leaders "I would like those who are invited to peace talks to be women who really represent women's societies and are actively focused on the subject; those who will monitor and provide feedback on developments over time," she added. Mi Sue Pwint said that women have born much of the brunt of the country's on-going civil wars. WLB member groups have been educating women for better political knowledge — priming them for a role in state affairs through skill training programs. The 88 Generation Peace and Open Society deputy-women's coordinator, Mee Mee, said it is necessary for government officials to undertake practical measures in order to keep promises made by senior government leaders. "Officials such as the President and Union ministers make remarks promising changes, but they need to turn words in actions – we are hopeful to be able to take part in the peace process and make practical inputs," she said. Mra Raza Linn is chairperson of the Rakhine [Arakan] Women's Union and the sole female member of the Nationwide Ceasefire Coordination Team (NCCT) — which represents ethnic groups engaged in talks with the government. Mra Raza Linn confirmed that women have had little to no role in the ceasefire talks. NCCT committee member Hkun Okker believes that the participation of women would lead to more successful negotiations. However, he suggested that the presence of women in future meetings is dependent on the decisions of individual groups and who they appoint to attend the meeting. "All we can do is to urge the groups to appoint female representatives to the meetings. Whether they do or not is only up to them," said Hkun Okker.

Gold miners push for Mining Law Posted: 12 Feb 2014 01:12 AM PST Workers at Tagon Gold Mine-1 in Mandalay division are calling on the government to adopt a Mining Law, which is currently being discussed in parliament. Gold miners at Tagon have sent a letter to President Thein Sein urging him to adopt the bill into law to implement safety standards and the protection of miners' rights. "There are around 900,000 to one million gold miners across the country according to our estimation," said Kyaw Moe, Chairman of the Labour Office at Tagon Gold Mine-1. "In order to ensure fairness for the miners under legal provisions it is necessary to have a Mining Law." If adopted, the Mining Law would make it easier for foreign investment in the country's mineral sector. Related Stories NLD supporters in Mandalay rally for charter change EITI: Getting Burma rigged for extractive surge Government convoy hit by explosion In May 2012 the Ministry of Mining ordered the suspension of small-scale mining operations at the Moehti Moemi gold mine in Mandalay's Yamethin Township, leaving thousands of miners jobless. The move was to make way for mining conglomerate, Myanmar National Prosperity Public Company Limited, who won a mining tender, to be able to operate in the area and to attract larger investments from international mining companies. Since then workers at the Moehti Moemi mine have staged mass protests against the government's order. The Tagon gold miners want to ensure the same thing does not happen to them. They are demanding that the law provides a right for them to operate small mining plots. "There are more and more companies taking over the mines and we have nowhere to work," said gold miner Tun Hla. "We would like to have our own business. We know where the gold is but wherever we go to dig, the companies will follow and bid for the plots at auctions." He went on to say that if private companies moved in, miners who previously ran their own small-time mining businesses would have to work as manual labourers for the company. Over 1000 workers from Tagon have signed a petition calling for the adoption of the Mining Law.

Cross-country march to protest Myitsone Posted: 11 Feb 2014 09:20 PM PST Protestors demanding the complete shutdown of the Myitsone dam project will march from Rangoon to the confluence of the Irrawaddy River — where the N'mai and Mali Rivers meet in Kachin State — a distance of 23,000 miles. The project, backed by Chinese state-owned firm Chinese Power Investment (CPI), was postponed by President Thein Sein's government in 2011, in a decision not to be reconsidered until the end of his tenure in 2015. The march will be lead by the Former Political Prisoners Society (FPPS). FPPS member Ye Htut Khang said that the march would stop at towns and villages along the Irrawaddy to educate locals on the impacts the dam project may have. The announcement comes as CPI has redoubled PR efforts surrounding the US$3.6 billion project. The firm, which supplies 10% of China's 1.3 billion-strong population with energy, referred to the 'wonderful work' of resistant NGO Kachin Development Networking Group (KDNG) as they took aim at CPI's corporate social responsibility report. CPI expressed its interest in 'face-to-face' talks with KDNG. Participants in the march also plan to erect a monument at the confluence of the Irrawaddy River, the potential site of the Myitsone dam. Related Stories Henzada protestors say no more to Article 18 Fresh fighting in northeast Burma raises concern among ceasefire groups Acid factory “burning our eyes,” say residents

Poverty: a pressing human rights issue for the Chin Posted: 11 Feb 2014 08:46 PM PST It is a well-known fact that people in Chin State are officially the poorest in Burma, and by a wide margin. The majority of people in Chin State are subsistence farmers; 73 percent of people live below the poverty line. Arakan State is the next poorest with 44 percent of people living in poverty, according to UN statistics. Less well-known is the widening disparity between levels of abject poverty in Chin State and the rest of Burma. 25 percent of people in Chin State live below the 'food poverty' line, meaning they spend all of their income on food. This level of extreme poverty is five times higher than the national average, compared with four times higher the last time statistics were compiled, in 2005. So why is poverty such a huge problem in Chin State? Discrimination as a root cause Any sound analysis should adopt a human rights approach. According to the UN Guiding Principles on Extreme Poverty and Human Rights, "Poverty is an urgent human rights concern in itself. Not only is extreme poverty characterised by multiple reinforcing violations of civil, political, economic, social and cultural rights, but persons living in poverty generally experience regular denials of their dignity and equality." At the heart of the matter is discrimination. Discrimination and poverty are inextricably linked, as emphasised by the UN Special Rapporteur on racism. The Chin experience many intersecting forms of State-sanctioned discrimination, based on their ethnicity (Chin), religion (predominantly Christian), language (for most Chin, Burmese is their second or third language), and socio-economic status (the poorest in Burma). Related Stories Quintana plans Arakan visit in midst of anti-UN protests HRW lauds Thein Sein's commitment to reform, but says govt is divided DVB Debate: How to break the cycle of poverty State-sanctioned discrimination manifests itself in myriad ways. Firstly, it is evident in government neglect, as noted by Tomás Ojea Quintana, UN Special Rapporteur on the human rights situation in Burma. Basic road, electricity, and communications infrastructures are still woefully inadequate, leaving Chin State isolated from the rest of country. There are not enough schools or healthcare facilities to meet the basic needs of the population, and they remain chronically understaffed. Secondly, discrimination is evident in the lack of effective participation in public and economic life for Chin Christians in particular, with very few holding senior government positions in Chin State or elsewhere in Burma. Thirdly, over the past two decades, State-sanctioned discrimination has manifested as a pattern of pervasive human rights violations perpetrated against the Chin by State actors. Pervasive human rights abuses During my time at CHRO, I have interviewed well over one hundred Chin refugees in different contexts in Malaysia and India. As a root cause of flight, the pattern of human rights violations at the hands of the military and other State actors is crystal clear to me. But over the past four years I have also encountered many prejudiced attitudes towards the Chin, from other Burmese. "Oh, the Chin are just poor. They're not genuine refugees, just economic migrants," is a remark I have heard all too often. It's true that when I ask a Chin refugee about the main problem they faced in Burma, usually they start by saying they are poor. The head of a household will explain he couldn't harvest enough rice to feed his family. When I dig deeper, a disturbing pattern emerges. Land confiscation, reducing the available land for a family to cultivate; portering or other forms of forced labour several times a year, preventing family members from tending to their farm as often as needed to maximise crop yields; and soldiers misappropriating rice, chicken, or livestock at gunpoint, leaving families going hungry. Typically, a person will reach a tipping point and decide to flee. For many I have interviewed, that point came after the third, fourth, or tenth experience of portering or other form of forced labour. A 2011 Physicians for Human Rights (PHR) report — based on a quantitative survey of human rights violations experienced by Chin households between 2009 –10 — found that almost 92 percent of Chin households surveyed were victims of forced labour within that year. On average that year, each household was subjected to forced labour three times. PHR concluded that this, and other grave human rights violations perpetrated against the Chin by State actors, amounted to crimes against humanity. The role of the State Poverty has been created, perpetuated, and exacerbated by acts and omissions on the part of the State, underpinned by discrimination. On the one hand, the government is failing Chin people in its obligations to provide basic infrastructure and services to ensure that Chin can enjoy their rights to an adequate standard of living, adequate food and nutrition, water and sanitation, education, and the highest attainable standard of physical and mental health.  Such failure —  rooted in State-sanctioned discrimination —  has both created and perpetuated abject poverty. “Poverty has been created, perpetuated, and exacerbated by acts and omissions on the part of the State, underpinned by discrimination.” On the other hand, in the case of Burma and Chin State in particular, pervasive human rights abuses committed by State actors – particularly forced labour and land confiscation – have seriously undermined Chin livelihoods over the past two decades, and undoubtedly exacerbated levels of extreme poverty. Thankfully, the overall prevalence of human rights abuses committed by the military and documented by CHRO since President Thein Sein's government took power in 2011 has declined. However, CHRO continues to document serious violations, including land confiscation without adequate compensation, and violations of freedom of religion or belief. As long as such abuses are ongoing, the cycle of poverty and discrimination will continue. At the same time, communities are still dealing with the long-term economic, social, cultural, and health consequences of pervasive past violations, with no access to justice or forms of redress available to them at present. Ending poverty in Chin State Solutions for tackling poverty in Chin State must be rooted within the human rights framework.  It goes without saying that human rights abuses must stop; but this will only happen if positive steps are taken to end recurrence. These include wide-ranging measures to end all forms of discrimination against the Chin. Accountability for past violations is also a highly effective deterrent; but at present impunity remains deeply entrenched in Burma. It is for the Chin people themselves to debate and potentially pursue different elements of transitional justice, with support from organisations like CHRO. These could include the restitution of land confiscated by the military and other reparations for the harms suffered. Massive investment in basic infrastructure and services is urgently required in Chin State. But any strategy or development programme aimed at poverty reduction in Chin State —  be it led by government, international donors, UN agencies, INGOs, NGOs, or civil society organisations —  must be implemented in accordance with the UN Guiding Principles on Extreme Poverty and Human Rights. These include: effective and meaningful participation; equality and non-discrimination; and transparency and accountability. Only with the full enjoyment of their basic human rights, including the right to effective participation in public life —  plus access to justice for past violations —  will the Chin have a chance to break the vicious cycle of poverty and discrimination and determine a brighter future for themselves.   Rachel Fleming has spent the past four years working as Advocacy Director at the Chin Human Rights Organization (CHRO). She recently visited Paletwa township, her first trip to Chin State. This article was first published in the Chinland Guardian on 9 Feburary 2014, the first in a forthcoming series.

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